ABDUL BARI NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged FIR No.191/2018 for offence under Ss. 153, 353 and 13 ULA(P) Act registered with Police Station, Kulgam.

(2.) It is averred in the petition that the petitioner is working as Assistant Professor, Geography, at Government Degree College, Kulgam, and he has undergone Ph. D course in Geography in Aligarh Muslim University. It is further averred that the petitioner is an RTI activist and has filed many RTI applications for advancing the interests of the society so that public funds are utilized in a better manner. It is averred that at the time of appointment of the petitioner as an Assistant Professor, a verification report was furnished by the police stating therein that there is nothing adverse against the petitioner. He goes on to submit that in January, 2017, he had filed a writ petition before this Court calling into question the illegal extraction of minerals wherein an interim direction was passed by this Court and as a consequence of this, District Magistrate, Kulgam, asked Principal, Government Degree College, Kulgam, to enquire into the activities of the petitioner. A report was submitted by the Committee of Professors vide communication No.DMK/Verification/2017-2018/367 dtd. 8/9/2017, wherein it was reported that nothing adverse has been found against the petitioner. It is averred that the petitioner was thereafter transferred to Government Degree College, Ganderbal, and the said order was challenged by him by way of a writ petition before this Court and an interim order came to be passed in his favour in the said writ petition. It is further averred in the petition that the petitioner filed an RTI application seeking information regarding recruitment of Rahbar-e-Khel in the year 2018. According to the petitioner, all the aforesaid activities irked the respondents, as a consequence whereof, the impugned FIR came to be lodged against him.

(3.) The petitioner has challenged the impugned FIR on the grounds that the contents of the same are false and that no offence is made out against him even if the same are accepted at their face value. It has been further contended that the action of the respondents in registering the impugned FIR smacks of malafides and vengeance.